Jefferson County AlArchives Wills.....Rogers, William L. November 28, 1904 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/al/alfiles.htm ************************************************ File contributed for use in USGenWeb Archives by: L Hanke lhbham@yahoo.com May 30, 2007, 5:45 pm Source: Loose Records, Probate Court, Jefferson County Al Written: November 28, 1904 Recorded: January 7, 1905 WILL OF W. L. ROGERS STATE OF ALABAMA JEFFERSON COUNTY I, William L. Rogers, of said State and County, being of sound and disposing mind and memory, do make and declare the following as and for my last will and testament. 1. I hereby nominate, constitute and appoint P. J. Rogers, J. T. Rogers, A. C. Rogers and Sarah C. Smith as the Executors of my last will and testament, and it is my express desire that no bond shall be required of them as such executors. The power hereinafter given to said executors and all the power and authority given to them as Trustees under this will shall be exercised by such of them as qualify as executors, and in the event of the death or resignation, inability or refusal to act of any of said executors and trustees, all of the power given to the parties named as executors and trustees shall be exercised by those who do qualify and by the survivors of those qualifying. 2. I devise and bequeath to the said J. T. Rogers, P. J. Rogers, A.C. Rogers and Sarah C. Smith all my real and personal property which I now own or which I may die possessed, to have and to hold upon the following uses and trusts, viz: Said trustees shall take possession of my real and personal property and shall have full power and authority to sell and dispose of any and all of said property either at public or private sale, either for cash or on credit, or in such manner as to them may seem proper, and to execute proper conveyances therefor, and they shall have authority prior to selling said property to manage and handle same as to them may seem best and to rent the same, if they see proper, to the best advantage. 3. The beneficiaries under this my last will are my brothers P.J. ROGERS, J.T. ROGERS, A.C. ROGERS and my sisters SARAH C. SMITH, MINNIE D. ATKINSON, CYNTHIA V. ROGERS and my niece RUBY ROGERS and my nephew ANSLEY ROGERS; the latter being the two children of my deceased brother E.D. ROGERS, and I desire the beneficiaries herein named to share equally and alike one with the other, in the distribution of my property, except as hereinafter provided. And the trustees herein named are authorized to sell my property and distribute the proceeds between said beneficiaries, or if they do not find it desirable to sell all of said property, then to make partial distributions from time to time of the proceeds of such part of said property as they desire to sell and to keep and manage and collect revenues from the remainder, paying the taxes and expenses thereon. 4. It is my desire that my trustees and executors herein named shall, as soon as convenient after my death, place a valuation on the real estate owned by me at Speigners, Elmore County, Alabama, and after such valuation is placed upon said property, that my trustees and executors shall offer said property to my brother, A. C. Rogers, at Two Thousand Dollars less than what they consider the actual value of said property; it being my desire that he shall have the right to buy said property within a reasonable time after my death at Two Thousand Dollars less than its actual value, as determined by my said executors. 5. In making the distribution of my estate it is my will and desire that my sister Cynthia V. Rogers be given Two Thousand Dollars more than is given to the other distributees herein named. 6. It is my will and desire that the share in my estate given to Ruby Rogers and the share of my estate given to Ansley Rogers shall be managed and controlled by my said executors and trustees for each of said beneficiaries respectively, until he or she becomes of age or marries, at which time his or her share shall be paid over to him or her; provided that said trustees and executors shall have the right to use so much of the income and profit arising from said shares of each of said children as shall be necessary for their support and maintenance, and shall have the right to apply such income and profits in such manner as they see proper to the maintenance, support and education of said children, respectively, and this without any guardianship of said children and without keeping any account, or without any accountability as to the amounts which, in the opinion of my said trustees, shall be necessary for the support, maintenance and education of said children; it being my desire that my said trustees shall exercise their own good judgment as to the amounts which shall be spent for the support, maintenance and education of said children and in what manner, and should the income of their respective shares be insufficient for the support, maintenance and education of said children, then my trustee shall use all or so much of the principal as they may deem necessary for the support, maintenance and education of said children, and my trustees shall have authority to invest and reinvest the money coming to said children in such manner as they may deem proper, without accountability therefor. In witness whereof, I have hereunto set my hand this 28th day of November 1904. W. L. ROGERS Signed, sealed, published and declared as and for his last will and testament by the above named testator, William L. Rogers, in the presence of the undersigned witnesses, who in the presence of the testator and in the presence of each other have subscribed their names hereto. Witnesses: R. M. Cunningham Mrs. R. M. Cunningham Recorded in Probate Office Book of Wills Vol. H, pp 501-506 - 7 Jan 1905 Additional Comments: Notes from Petition for Probate of the Will of W. L. Rogers, Deceased: William L. Rogers died 2 Dec 1904. His estate was valued at approximately $25,000. Next of Kin at the time of his death: P. J. Rogers, 48, Ensley AL J. T. Rogers, 46, Pratt City AL Sarah C. Smith, 36, Birmingham AL Cynthia V. Rogers, 34, Speigner AL Minnie D. Atkinson, 31, Nashville TN A. C. Rogers, 29, Speigner AL (all of whom were brothers and sisters of deceased) Ruby Rogers 10 (married a Camp bef. 1914) Ansley Rogers 8 (Ansley - E. A. Rogers - married 11 Aug 1913) (both were children of another brother, E. D. Rogers, who had died in 1897. The children lived with their mother Mamie Rucker Rogers, who married again to George W. Cook. ------------ The children brought suit in 1908 through their mother and step-father to have a proper accounting of monies spent from their inheritances, and to have a record kept of the remainder until they were granted control of their share. ------------ File at: http://files.usgwarchives.net/al/jefferson/wills/rogers200gwl.txt This file has been created by a form at http://www.genrecords.org/alfiles/ File size: 7.2 Kb